State v. Rainwater

Defendant was indicted on two counts of attempted murder, ORS 163.115. He was convicted of assault in the first degree, ORS 163.185, hut was acquitted of each count of attempted murder pursuant to his plea of not guilty by reason of mental disease or defect, ORS 161.295. On appeal, defendant contends that his conviction of the lesser included crimes of assault was improper in view of the court’s specific finding that he lacked substantial capacity to appreciate the criminality of his conduct with respect to the greater crimes charged. The cause was tried to the court without a jury.

Defendant…